 | COLCHESTER SELECTBOARD March 12, 2024 @ 6:30 p.m. 781 Blakely Road 3rd Floor Conference Room __________________ |
1. Call Meeting to Order
Roll Call: Pam Loranger, Chair; Tom Mulcahy, Vice Chair; Jacki Murphy, Clerk; Maureen P. Dakin
Staff Present: Aaron Frank, Town Manager; Renae Marshall, Deputy Town Manager; Cathyann LaRose, Planning and Zoning Director
Others Present: Rebecca Arnold, Vice-Chair, Colchester Planning Commission and Bruce Bourgeois
Pledge of Allegiance
Selectboard Chair Pam Loranger led the Pledge of Allegiance.
2. ACTION | Organizational Meeting
MOTION was made by Jacki Murphy and SECONDED by Maureen P. Dakin to adopt the 2024 organizational items per the attached document, to take effect Tuesday, March 12, 2024 and expire on Election Day, March 4, 2025 and that;
Pam Loranger is hereby elected to serve as Chair for a period of one year.
Tom Mulcahy is hereby elected to serve as Vice-Chair for a period of one year.
Jacki Murphy is hereby elected to serve as Clerk for a period of one year.
The MOTION carried.
3. Public Hearing | 6:35 p.m.
a. Amendments to Colchester Development Regulations (Supplement 46) |Cathyann LaRose, Planning & Zoning Director
MOTION was made by Jacki Murphy and SECONDED by Maureen P. Dakin to open a public hearing for the proposed amendments to the Colchester Development Regulations, known as Supplement 46.
The MOTION carried.
Selectboard Chair Pam Loranger closed the public hearing.
4. Citizens to be Heard*
There were no citizens to be heard.
5. ACTION | Consent Agenda
a. Minutes of 2.13.2024 Selectboard Meeting
MOTION was made by Jacki Murphy and SECONDED by Tom Mulcahy to adopt the Consent Agenda as it may have been modified by the Board and to take the actions indicated for each item:
a. Approve the Selectboard Minutes of the meeting of February 13, 2024
The MOTION carried.
6. Special Business Items
a. ACTION: Claims Reauthorization | Aaron Frank, Town Manager
MOTION was made by Jacki Murphy and SECONDED by Maureen P. Dakin to authorize a resolution as follows:
Town Manager Aaron Frank, or in his absence the Acting Town Manager, is authorized to negotiate and settle claims including fiscal and non-fiscal settlements and union grievances as follows:
A. Claims by the town against other parties
1) Claims exceeding ½ of 1% of the general fund budget (Currently $15.9M, so more than $79,500) in payments require written Selectboard approval.
2) Claims between 1/10 and ½ of 1% of the general fund budget (Currently$15.9M, so $15,900 to $79,500) require notice to the Selectboard offering them the opportunity to discuss in executive session.
3) Claims between 1/20 and 1/10 of 1% of the general fund budget (Currently $15.9M, so $7,950 to $15,900), require notice to the Selectboard after they are executed.
4) Claims below 1/20 of 1% of the general fund budget (Currently $15.9M, so less than $7,950), require NO approval and no notice to the Selectboard after they are executed.
B. Claims against the town by other parties
1) Claims exceeding 1/10 of 1% of the general fund budget (Currently$15.9M, so more than $15,900) require written Selectboard approval.
2) Claims between 1/20 and 1/10 of 1% of the general fund budget (Currently $15.9M, so $7,950 to $15,900), require notice to the Selectboard offering them the opportunity to discuss in executive session.
3) Claims below 1/20 of 1% of the general fund budget (Currently $15.9M, so less than 7,950), require NO approval and no notice to the Selectboard after they are executed.
Nothing in this resolution would prevent the Town Manager from sharing more information with the Selectboard about a negotiation or proposed settlement, based on the sensitivity of the issue in the community. The Town Manager would be expected to consider such sensitivities in making a decision about sharing information at levels below the required thresholds.
The Town Manager is advised to consider the possible financial and non-financial magnitude of a claim and seek the advice of counsel when appropriate unless otherwise agreed to by the Selectboard. Claims requiring written Selectboard approval according to this resolution shall require an attorney’s involvement.
The Authority of this motion shall expire on the Selectboard’s annual Organizational Meeting in 2025, at which time it shall be renewed or revised based on the experience of the prior year.
Town Manager Aaron Frank explained that the Town attorneys recommended that the Selectboard make this annual resolution to outline the expectations of the Town Manager regarding collaborating with and notifying the Selectboard of negotiations and settlements of claims.
The MOTION carried.
b. ACTION: Approval of Amendments to Colchester Development Regulations (Supplement 46) | Cathyann LaRose, Planning & Zoning Director
MOTION was made by Jacki Murphy and SECONDED by Maureen P. Dakin to approve the proposed amendments to the Colchester Development Regulations, known as Supplement 46, after having held a public hearing earlier this meeting.
The MOTION carried.
c. ACTION: Warn Public Hearing for proposed amendments to the Colchester Code of Ordinances, Chapter 6 ½ | Cathyann LaRose, Planning & Zoning Director
MOTION was made by Jacki Murphy and SECONDED by Maureen P. Dakin to warn a public hearing for April 9, 2024 for changes to Chapter 6 ½ of the Town’s Code of Ordinance related to development fees as outlined in a memo dated March 6, 2024 from Town Manager Aaron Frank and Planning and Zoning Director Cathyann LaRose and as shown in the attached copy of Chapter 6 ½.
Planning and Zoning Director Cathyann LaRose explained the fee adjustments in this ordinance update account for annual cost and resource increases that will help align the Planning and Zoning Department’s resources when processing the applications they receive.
Selectboard member Maureen P. Dakin asked when these updated fees will be implemented, and Cathyann confirmed that while the update to the ordinance takes effect in 21 days, the ordinance states the adjusted fees will be implemented to permits at the start of the fiscal year, or July 1st. Maureen also asked when other departmental fees are reviewed or updated, and Town Manager Aaron Frank noted that most are reviewed or updated on a five-year cycle, but if the Selectboard would like, the Town staff is open to implementing an annual indexing.
The MOTION carried.
d. ACTION: Authorization to Transfer Funds | Aaron Frank, Town Manager
MOTION was made by Jacki Murphy and SECONDED by Maureen P. Dakin to authorize a transfer of $42,700 from the General Fund to the Stormwater Fund, an amount equal to a February 4, 2021 State of Vermont Supreme Court Decision upholding a July 11, 2019 decision of the Colchester Selectboard (acting as the Colchester Board of Health), plus interest and attorney fees from Sisters & Brothers Investment Group related to violations on Sharrow Circle, to provide additional funding for stormwater improvements in Colchester.
Town Manager Aaron Frank explained that this transfer amount is from the culmination of fines, penalties, interest, and fees charged to and paid over the past six months by Sisters & Brothers Investment Group after a 2018 a health complaint at Sharrow Circle resulted in a finding by the Selectboard and was upheld by the courts after the property owner’s appeals.
Selectboard Vice Chair Tom Mulcahy asked if this money was needed in other funds, and Town Manager Aaron Frank explained the choice for the stormwater fund was suggested after input regarding Stormwater resource needs from the Selectboard.
The MOTION carried.
7. Public Hearing | Licenses and Petitions
a. Peddlers License for Gary Hathaway, D.B.A Mr. Ding-A-Ling Ice Cream
MOTION was made by Jacki Murphy and SECONDED by Maureen P. Dakin to hold a public hearing regarding a Peddlers License for Gary Hathaway D.B.A. Mr. Ding-A-Ling Ice Cream, 153 Church Rd., Colchester, VT 05446. All information included in the packet related to such application is considered part of the public hearing, and, whereby the Colchester Selectboard shall enter a deliberative session later in the meeting to consider the matter and then issue a permit or denial in writing to each applicant via staff through the US Mail and will share the outcome publicly by placing the permit or denial as an informational item in the next Selectboard packet.
The MOTION carried.
8. ACTION | Adjourn to Meeting of Liquor Control Commission
MOTION was made by Jacki Murphy and SECONDED by Tom Mulcahy to temporarily adjourn the meeting of the Selectboard and convene a meeting of the Liquor Control Commission.
The MOTION carried.
9. Additional Business | Manager’s Recommendations
There were no further recommendations.
10. Informational Items
Selectboard Chair Pam Loranger noted that herself, Selectboard member Maureen P. Dakin, Town Manager Aaron Frank, and Town Clerk/Treasurer Julie Graeter met with Members of the Vermont House of Representatives from Colchester last week to address past and current legislation that has a direct impact on municipal services and the Town’s ability to maintain costs, improve efficiencies and serve Colchester residents on a local basis. She noted that this included a new State law last year to design and implement a new system of property tax appraisals and appeals, which would remove this function from the Town, where you can appeal on your own, and give it to the State Department, where you are more likely in need of an attorney to appeal; bill H.629 that would make it more costly to implement tax sales, even after years of efforts to negotiate, enter payment plans, and assist with filling out forms for income-based state property taxes; a bill which makes hiring less effective; and a bill to remove local responsibility for municipal ethics to a State board.
She continued that a handful of bills drafted over the past year would make local government less local, more bureaucratic, and more expensive, and ultimately increase municipal services property taxes. She added that Town staff and the Selectboard have researched these issues, made their opposing positions clear to the legislators, and have requested that the entire delegation follow the recommendations from Town staff and the Selectboard to not create new, expensive, statewide bureaucracy in order to keep government local, responsive and affordable.
Selectboard member Maureen P. Dakin stated that, as a former legislator, she strongly shared Pam’s sentiments and encouraged Town staff and the Selectboard to continue to weigh in on legislation that impacts local government and for the community to engage their legislators on these important bills in order to maintain a responsive and affordable local government.
11. Announcements
Selectboard Chair Pam Loranger congratulated the Burlington-Colchester SeaLakers on their win at the D1 girl’s hockey final.
12. ACTION | Warrants
MOTION was made by Jacki Murphy and SECONDED by Tom Mulcahy to approve Warrant #24-25 in the amount of $710,647.34 and Warrant #24-26 in the amount of
$562,788.78.
Deputy Town Manager Renae Marshall shared a question on Warrant #24-25 as to why there were so many credit card refunds from the Recreation Department, and explained that this was due to a program that was cancelled, so refunds were issued to everyone who had signed up. She also shared a question on Warrant #24-26, line 55, vendor John Turner Consulting for $1437.06, and explained this was for the geotechnical engineering services for the Colchester Recreation Center. The last question she shared was for Warrant #24-26, line 70, vendor O’Leary-Burke Civil Associates, PLC, for $735, and confirmed this was for combining two separate maps of the Fort Ethan Allen cemetery into one map.
The MOTION carried.
13. Deliberative Session | Licenses and Petitions
MOTION was made by Jacki Murphy and SECONDED by Tom Mulcahy to meet in deliberative session under the authority of 1 V.S.A. § 312(e) for the purpose of considering licenses and petitions which were specifically noted on the agenda and for which a hearing was held earlier in the meeting. The Selectboard will issue a permit or denial in writing to each applicant via staff through the US Mail and will share the outcome publicly by placing the permit or denial as an informational item in the next Selectboard packet.
The MOTION carried.
14. Executive Session
MOTION was made by Jacki Murphy and SECONDED by Tom Mulcahy to find that premature general public knowledge of contracts, pending or probable civil litigation, and personnel issues would clearly place this Selectboard at a substantial disadvantage because the Selectboard risks disclosing its negotiation strategy if it discusses these topics in public.
The MOTION carried.
MOTION was made by Jacki Murphy and SECONDED by Tom Mulcahy to enter executive session to discuss contracts, pending or probable civil litigation, and personnel issues under the provisions of Title 1, Section 313 (a)(1)(a)&(e) and (a)(3) of the Vermont Statutes, Executive Sessions.
The MOTION carried.
15. Adjournment**
MOTION was made by Jacki Murphy and SECONDED by Tom Mulcahy to adjourn the meeting.
The MOTION carried.
The meeting adjourned at 7:43 p.m.